parliment flags

On 26 March 2015 the Consumer Rights Act 2015 (CRA) received Royal Assent. Among a slew of other reforms, the CRA represents an evolution of competition law in England and Wales with the introduction of a new regime for private actions and another for class actions, to be known in England as collective actions. The key reforms are as follows: • The UK Government has committed itself to reforming the competition litigation landscape to make it easier for businesses and –Read More–

On 5 March 2015, the European Court of Justice (CJEU), ruled in favour of greater patient protection and compensation after a question of product liability was referred to them by a German court. The facts relate to faulty implantable pacemaker and cardioverter devices. The German court had asked two questions of law of the CJEU on preliminary ruling, both relating to the Product Liability Directive 85/374 (the Directive). These questions were whether: Article 6(1) of the Directive (which concerns whether –Read More–

French law n°2015-195 of 20 February 2015, transposing EU law on aspects of intellectual property and cultural heritage (“Law of 20 February 2015”), is part of an effort to strengthen the protection and promotion of French and European cultural heritages, in particular in terms of related rights. Transposition of Directive 2011/77/EU The amendments made to Article L.211-4 of the French Intellectual Property Code, on the term of protection of related rights, are the most remarkable contributions of the Law of –Read More–

On the 3rd March 2015, the German Federal Cartel Office (“FCO” or Bundeskartellamt), held that a non-compete clause with a 150km radius in the leases for a German factory outlet centre as anti-competitive. The key facts of the case are as follows: The clause in question banned any shop entering into a lease for the factory outlet centre in question to open another shop in a rival outlet centre within a 150km radius. A rival outlet centre 147km away had –Read More–

Date: 18 March 2015 Time: 8AM PST, 10AM CST, 11AM EST, 4PM GMT, 5PM CET Aftermarkets are particularly important to manufacturers of complex technical equipment. The downstream market for maintenance and support of both hardware and software is highly profitable and particularly coveted by proprietary equipment manufacturers, often as a means to recoup their substantial investments in research and development.  In many cases these markets are contested by independent service organizations (“ISOs”), which frequently come into conflict with the manufacturers. In –Read More–

Aftermarkets are particularly important to manufacturers of complex technical equipment. The downstream market for maintenance and support of both hardware and software is highly profitable and particularly coveted by proprietary equipment manufacturers, often as a means to recoup their substantial investments in research and development. In many cases these markets are contested by independent service organisations (“ISOs”), which frequently come into conflict with the manufacturers. In this short article we provide a critical assessment of how US and EU Courts and –Read More–